HomeMy WebLinkAboutR-1999-018 Legal Services Contract / Police Civil ServiceA RESOLUTION
RESOLUTION NO. R-99- 18
authorizing and directing the City Manager of the City of Yakima to execute a legal
services agreement between the City of Yakima and Craig W. Hanson, d/b/a
Hanson Law Offices, in order to provide legal services to the various City Civil
Service Commissions.
WHEREAS, the City Charter Civil Service Commission, the Fire Civil Service Commission, and
the City Police Civil Service Commission ("Commissions") require professional attorney services to
provide independent legal advice; and
WHEREAS, and in particular, the Police Civil Service Commission requires a legal opinion
regarding the legality of the Police Civil Service Rules and Regulations ("Proposed Rules") proposed by
the Yakima Police Patrolmans Association ("YPPA") and the City Police Department; and
WHEREAS, and regarding the Proposed Rules, the YPPA has objected to the City Legal
Department providing a legal opinion to the Police Civil Service Commission on the basis that the Legal
Department has previously advised the Police Department on civil service matters and has either an
potential or actual conflict of interest; and
WHEREAS, on other occasions the City Legal Department has not been able to provide
independent legal advice to the Commissions because of ethical and legal restrictions; and
WHEREAS, Craig W. Hanson, d/b/a Hanson Law Offices, has the experience and expertise
necessary to provide independent legal advice to the Commissions and is willing to do so in accordance
with the terms and conditions of the attached agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to contract
with Craig W. Hanson, d/b/a Hanson Law Offices, in accordance with the terms and conditions of the
attached agreement in order to provide legal services to the Commissions, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and incorporated
Legal Services Contract with Craig W. Hanson, d/b/a Hanson Law Offices, for the purpose of providing
legal services to the City Charter Civil Service Commission, the Fire Civil Service Commission, and the
City Police Civil Service Commission.
ADOPTED BY THE CITY COUNCIL this 16th day of February, 1999.
ATTEST: John Puccinelli, Mayor
City Clerk
ak)ree/legal services -police comm -2 -I'M
LEGAL SERVICES CONTRACT
THIS LEGAL SERVICES AGREEMENT, hereinafter "Agreement", is entered into by
and between the City of Yakima, a municipal corporation, hereinafter the "City", and Craig W.
Hanson, dba Hanson Law Offices, hereinafter "Craig Hanson."
WHEREAS, the City Charter Civil Service Commission, the Fire Civil Service
Commission, and the City Police Civil Service Commission ("Commissions") require
professional attorney services to provide independent legal advice; and
WHEREAS, and in particular, the Police Civil Service Commission requires a legal
opinion regarding the legality of the Police Civil Service Rules and Regulations ("Proposed
Rules") proposed by the Yakima Police Patrolmans Association ("YPPA") and the City Police
Department; and
WHEREAS, and regarding the Proposed Rules, the YPPA has objected to the City Legal
Department providing a legal opinion to the Police Civil Service Commission on the basis that
the Legal Department has previously advised the Police Department on civil service matters
and has either a potential or actual conflict of interest; and
WHEREAS, on other occasions the City Legal Department has not been able to provide
independent legal advice to the Commissions because of ethical and legal restrictions; and
WHEREAS, Craig Hanson has the experience and expertise necessary to provide
independent legal advice to the Commissions and is willing to do so in accordance with the
terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, conditions
and agreements set forth herein, it is agreed by and between the City and Craig Hanson as
follows:
1. Legal Services.
Craig Hanson agrees to provide an independent legal opinion to the Commission
regarding the legality of Police Civil Service Rules and Regulations ("Proposed Rules")
proposed by the Yakima Police Patrolmans Association and the Police Department for approval
by the Commission at its June 1, 1998 regular business meeting. A copy of the Proposed Rules
is attached hereto as Exhibit "A".
2. Consideration.
The City agrees to compensate Craig Hanson a flat fee of no more than Eight Hundred
and Fifty Dollars ($850.00) for the preparation and issuance of an independent legal opinion
regarding the legality of said Proposed Rules.
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3. Additional Legal Services.
Craig Hanson agrees to provide additional independent legal advice and services to any
of the Commissions when so requested. The City will compensate Craig Hanson for such
additional services in accordance with the attached "Engagement of Services" Letter, dated
February 2, 1999, and attached hereto as Exhibit "B" and incorporated herein by this reference.
Request for additional legal services is subject to the limitations of budget authority as
established by the Yakima City Council.
4. Term of Agreement.
The term of this Agreement shall be effective upon execution and shall continue
indefinitely with the understanding that it is to be reviewed and, if appropriate, modified each
calendar year; provided, however, that either the City or Craig Hanson may terminate this
Agreement, with or without cause, by giving ten (10) days written notice of termination.
5. Severability.
If any portion of this Agreement is changed per mutual agreement or any portion is
held invalid, the remainder of the Agreement shall remain in full force and effect.
6. Integration.
This written document constitutes the entire agreement between the City and Craig
Hanson. No changes or additions to this Agreement shall be valid or binding upon either party
unless such change or addition be in writing and executed by both parties.
7. Notices.
Unless stated otherwise herein, all notices and demands shall be in writing and sent or
hand delivered to the parties to their addresses as follows:
TO CITY:
Chief Examiner
Civil Service Commission
City Hall
129 North 2nd Street
Yakima, WA 98901
TO FIRM: Craig Hanson
Hanson Law Offices
2120 Caton Way, S.W., Suite C
Olympia, WA 98502-1106
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
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8. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington.
9. Venue.
The venue for any action to enforce or interpret this Agreement shall lie in the Superior
Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
By:
Date:
Dick Zais, City Manager
l ' - cl 47
Date:
City Contract No. 9 9 -19
Resolution No. R-99-18
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Craig Hanson
DRAF T
GENERAL RULES
AND
REGULATIONS
OF THE
CIVIL SERVICE COMMISSION
FOR POLICE EMPLOYEES
OF THE
CITY OF YAKIMA
CSR•P
April 7, 1998
Adopted , 1998
(Superseding Former Rules and Regulations)
27,d-Lb))4
CIVIL SERVICE COMMISSIONERS
FOR POLICE AND FIRE
William R. Wright
Chairman
Jesse Cox
Beverly Warren
Carol Bates
Chief Examiner
C
POLICZ CIVIL SERV/CZ DEFINITIONS
1. APPOINTING AUTHORITY -- The City Manager or designee, as provided for
in City Charter, Article II, Section 9, Subsection 2, and Section 11.
2. CAUSZ -- Any action or inaction which the Civil Service Commission deems
appropriate justification for a disciplinary action, including
termination, suspension or discharge.
3. CZATIFICATZOI -- The process by which the Examiner provides the
appointing authority, upon requisition, the name(s) of the indi'vidual(s)
ranked highest on the eligible list.
4. CLASSIFICATION -- A group of permanent jobs sufficiently similar in
duties, responsibilities, authority and minimum qualifications to permit
combining them under a single title, and to permit the application of
common standards for selection and compensation. The terms rank or grade
may be used interchangeable with the term class or classification.
5. CLASSIFICATION SERIES -- A series of one or more classes similar in
work but differing in difficulty, responsibilities, entrance
qualifications and pay range.
6. DAYS -- All reference to days shall mean calendar days.
7. DEMOTION An appointment A disciplinary reduction to a lower
classification with a lower range of pay.
9. DEPARTMENT -- A11 commissioned personnel of the Police Department
other than Police Management.
9. ELIGIBLE -- The condition of being qualified for a classification or a
person who has become qualified for a classification by examination,
prior service, or other methods deemed appropriate by the Commission.
_C. (REGULAR) EMPLOYEE -- An employee who has successfully completed the
prcoatior.ary period for any classification governed by these Rules.
__. OPEN/COMPETITIVE EXAMINATION - An examination open to all candidates
who meet the specified requirements.
12. PREFERRED ELIGIBLE LIST - A separate Civil Service register composed
of former er; oyees who have taken leaves of absence for more than 90
days.
13. PROMOTIONAL EXAMINATION: An examination to create a register
for a higher classification limited to employees in the Yakima
Police Department who have completed their probationary period and meet
the specified requirements.
14. PROMOTION - Appointment from a register to a classification with a
higher range of pay.
15. REDUCTION IN FORCE -- Layoffs necessitated by the need to reduce
staffing levels.
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16. REDUCTION IN RANK -- The movement of an employee from oni
classification to another classification having a lower
maximum rate of pay.
17. REINSTATEMENT REGISTER - A separate Civil Service register composed
of employees laid -off because of curtailment of funds, reduction'in force
and for like causes.
18. REPRIMAND - A formal written rebuke of an employee's conduct by
the appointing authority, chief of the department or his
designee.
19. SECRETARY -CHIEF EXAMINER -- Whenever the term 'Examiner' appears, it
shall mean the Secretary -Chief Examiner or designee.
20. SERVICE -- Aggregate time in employment not including interruptions due
to removals, resignation, leaves of absence without pay or reductions in
force exceeding 90 days or suspensions without pay.
21. SUSPENSION -- A temporary removal from duty, with or without pay, of an
employee for a disciplinary purpose or for the purpose of investigatin
accusations brought against an employee, including any loss o
accrued ti,l1a.
RULE X. GENERAL POWERS AND D VIES
Generally, the Civil Service Commission shall have all powers and perform
all the duties authorized by RCW Title 41, its amendments, and applicable
Washington State statutes.
RULE II.
MEETINGS AND QUORUM
Sec. 1. The Commission shall hold regular monthly meetings on the
fi'urt! Wcdneoday of each month at the hour of 3t00 p.m. unless there is no
pending business requiring Commission action.441wh- ela eve The Examiner
shall give written notice of the meetings cancellation to all interested
parties. Regular meetings shall be held in the Council Chambers of Yakima
City Hall unless the notice of any particular meeting specifies some different
location for that meeting. The Commission may hold special meetings on the
call of the Chairman or any two members, as may be necessary or convenient to
conduct business of the Commission. Notices to all interested parties shall
be given as to the date and time of Commission meetings at least seven
days prior to tho meeting unless notice is waived by all affected
parties.
Sec. 2. A majority of the Commission shall constitute a quorum.
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POLICE AND FIRE
CIVIL SERVICE COMMISSION
TABLE OF CONTENTS
pOLIC$ GENERAL RULES
0 -
Definitions
Rule I General Powers and Duties
Rule II Meetings and Quorum
Rule III Amendment
Rule IV Suspension or Modification of Rules
Rule V
Rule VI
Rule VII
Rule V::::
F: e :X
Prohibition Against Discrimination
Secretary/Chief Examiner
Classification
General Qualifications
Applications for Examination
R:.:e X
--e X:
Rule X__
Rule X_:_
Nature of Entry Level Examinations
Conduct of Entry -Level Examinations
Medical and Physical Examination
Examinations for Promotion
..__e X:7
Rule XV
Appointments on Basis of Merit, Etc.
Register of Eligibles, Reinstatement Register,
Requisitions and Appointments, and
Re-employment Register
Rule XV Probationary Period, Employment, Promotion
Inspection of Examination Records
Rule XV:: Performance Evaluation.
Rule XV_::. Disciplinary Actions
Rule X:X Leaves of Absence
Rule XX Layoffs, Voluntary Reductions in Rank and
Military Leaves
Rule XX: Reports To Be Made
Rule XX__ Outside Employment
✓
Rule XX::: Severability
GENERAL RULES AND REGULATIONS
OF THE YAKIMA CIVIL SERVICE COMMISSION
FOR POLICE EMPLOYEES
ADOPTED , 1998
(Superseding All Former Rules and Regulations)
Pursuant to the provisions of Chapter 31 of the 1935 Session Laws of
Washington, as subsequently amended and as hereafter amended, (Sec. 41.08.010
of Chapter • 3 o f
to Sec. 41.08.910 RCW, both inclusive) and to the provisions bar, Chapter .sa of
the 1937 Session Laws of Washington, as subsequently amended and as hereafter
amended, (Sec. 41.12.010 to Sec. 41.12.910 RCW, both inclusive), and to the
provisions of Chapter 269, Sec. 1 of the 1969 Session Laws of Washington,
First Extraordinary Session as subsequently amended and as hereafter amended,
(Sec. 41.04.005 RCW) and to the provisions of Chapter 170 of the 1974 Session
Laws of Washington, Third Extraordinary Session, as subsequently amended and
as hereafter amended (Sec. 41.04.010 RCW), the Civil Service Commission of the
City of Yakima, a city of the first class, hereby adopts the following rules
and regulaions:
WHEREAS, the Yakima Civil Service Commission for the Yakima Fire, --
Department and for the Yakima Police Department,
therefore, in order to save expense, and to provide a uniform policy for Civil
Service; IT IS ORDERED:
That whenever said Commission shall handle matters relating to the Yakima
Police Department it shall be deemed sitting as a Commission under the
provisions of the Police Civil Service Act of said State, as now or hereafter
amended or supplemented.
_t shall not be necessary for the minutes of the Commission to set forth
in what capacity it is acting, where it otherwise appears that it is handling
m�`^ens cf a particular department and these rules and regulations except
where related to a particular department, shall apply to the Police Department
of the City of Yakima.
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4/7/96
ROLE III. AMENDMENT
These rules and regulations may be amended from time -to -time
by the Civil Service Commission at any special meeting or at any
regular mooting of the Commission. The Commission shall not amend these
rules without prior notification of association representatives and the
depa rnena police Chiefs. This shall not preclude the Commission from
amending these rules under emergency situations.
RULE IV. SUSPENSION OR MODIFICATION Ot RUMS,
In cases of public emergency or whenever the public interest may require,
the Commission may, in its discretion, by majority vote, suspend or modify the
age, height/weight proportion, minimum medical and health standards, and
educational requirements set forth in these Rules.
RULE V. PROHIBITION AGAINST DISCRIMINATION
The right of any person to an appointment or promotion to any
classification in the classified service of the Police Department of the City
shall not be withheld because of sex, race, color, creed, national origin,
political affiliation, religious of belief, or disability handi.eap unless
based upon a bona fide occupational qualification, nor shall any person be
disciplined, dismissed, demoted, transferred or reduced in grade for such
reasons. No application or examination shall contain questions so framed as
to elicit such information.
RULE VI. SECRETARY/CHIEF EXAMINER
Sec. 1. The Civil Service Commission shall appoint a Chief Examiner
The Chief Examiner shall be subject to suspension, reduction, or discharge in
the same manner and subject to the same limitations as are provided in the
case of members of the Fire or Police Departments.
Sec. 2. The Examiner shall keep the records of the proceedings of the
Commission for the Police Department, shall have charge of and be responsible
for the safekeeping of the books, records, papers, and other property in the
office of the Commission; shall make certifications of those eligible for
appointment or employment; shall generally conduct the correspondence of the
Commission and perform such other appropriate duties as may be assigned.
Sec. 3. The Examiner shall, with the approval of the Commiccion r
prepare or obtain the examination questions and tests for the applicants for
the Police Department cf the City; the Examiner or a designated representative
shall be personally present at all examinations and shall supervise
examinations, mark and grade all papers in a fair and impartial manner. All
questions used in any examination, promotional or otherwise, may be reviewod
approves by the Commission, and the Commission may add to, modify or withdraw
any questions.
Sec. 4. No person shall act as Examiner in any examination where any
applicant is a relative of the Examiner. If the Examiner is disqualified, or
fails to act as such Examiner for any reason, the Personnel Officer or
designee shall act as Examiner pro tem and have the powers to perform the
duties of the Examiner with relation to such examination.
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4/7/98
Sec. 5. The Examiner shall not disclose the results of any examination
Eck, without the consent of the person examined, or by order of the
Commission. Except the Examiner shall upon completion of the'•
examination, provide the Police Chief with £ ranking of
individuals passing the examination.
ROL/ VII. CLASSIFICATION
•
sec. 1. The Classified Civil Service covered hereby shall include all
employees listed in Section 2..
Sec. 2. In making examinations, certifying for appointments and
promotions, and otherwise carrying out the provisions of RCW Title 41, and
these Rules, respectively, the classifications shall be set forth in
accordance with the character of the various services to be performed, which
classifications, as established by ordinance, are as follows:
Captain
Lieutenant
Folic* Sergeant
Police Officer
RULE VIII. GENERAL QUALIFICATIONS
Sec. 1. An applicant for any classification under the Civil Service
must be able to be lawfully employed as a Police Officer in the United
States and the State of Washington, be able to read and write the English
language, possess a high school diploma or its equivalent, saa be able to
perform the duties of the classification applied for, and must be in good
health, be of good moral character, have a good credit rating,od
, and possess good judgment and aptitude.
Sec. 2. Unless otherwise provided in these Rules, no person will be
admitted to examination for Police Officer who is less than 21 years of age.
Height and weight measurements must be proportionate. Each applicant must be
physically fit and
may be required to pass an appropriate physical strength
and agility examination and mast be capable of arduous duty.
Sec. 3, No person may be appointed, transferred, demoted or promoted to
the Police Department into a position which would create an obvious conflict
of interest with another person. An example of an obvious conflict of
interest would include the following:
A. Authority or practical power t.o for appointing, supervising or
disciplining the other person.
E. ae Responsibl-eility for auditing the work of the other person.
Nothing in this section is intended to prevent appointment,
transfer, demotion, or promotion when such action may be
reasonably accommodated without compromising departmenf
operations.
CSR-? 5
4/7/98
RULE XX. APPLICATIONS FOR EXAMINATION
Sec. 1. All applications for examination, shall
be made on the standard City of Yakima Application for Employment form or
Application for Promotional Form.
Sec. 2. Any willful false statement made by any person in connection
with the application for examination shall be good cause for exclusion from
the register of eligibles or for removal or discharge from employment.'
Sec. 3. An incomplete application shall be returned with notice to
amend.
Sec. 4. Where it appears that the applicant is disqualified for
examination, the applicant must be so notified.
Sec. S. All applications and accompanying certificates not returned
for correction shall remain on file with the Examiner.
Sec. 6. The burden shall be upon an applicant for any classification
under Civil Service to show possession of the required qualifications.
RULE X.T. NATURE OF ENTRY LEVEL EXAMINATIONS
Sec. 1. The Examiner, or designee, with the concurrence of the
Personnel Officer and Chief of the Department shall choose the examination for
a classification. Examinations shall be practical in nature and of such
character as to determine the capacity of the applicant to perform the duties
of the particular classification for which the applicant is competing. A
passing score of 75% is ectablichcd by the 011-ief Examiner may be required on
each test included in the examination which is given a numerical score.
An examinati:- shall normally consist of a test or a combination of the
fol low_. tests:
A. A written test.
E. A performance test.
C. An oral test.
D. Physical ability test.
E. A. evaluation of experience and training.
The Examiner may assign relative weights to each test.
Sec. 2.. In the event the Examiner determines that the number of
applicants responding to an examination announcement is excessive in relation
to the number of projected job openings, the Examiner may limit admission to
the remainder of the examination to those scoring highest on a preliminary
test or a combination of tests listed in Sec. 1 of this Rule. The number of
applicants allowed to complete the examination shall be at lcact twice the
number of anticipated vacancies for the subsequent year or 20% of those
applicants with passing scores on the preliminary test(s) whichever is
greater; but never less than six (6) or the entire body of applicants who pass
the preliminary test(s) whichever is less.
CSR.P 6
4/7/98
Sec. 3. Entrance examinations for the Commissioned Police Service shall
consist of an examination as provided in Sec. 1 and conducted by the Examiner,
or designee. In addition, Veteran's Preference Credit and additional'
Reserve Officer preference credits and work credit as established -
in Sec. 6A shall be used to determine placement on the Civil Service
register.
In lieu of taking the written examination, a candidate may request the
Examiner to transfer a score the candidate achieved from another jurisdiction
in Washington, provided, the Examiner finds that such examination •core
resulted from an identical examination as the one to be administered and such
examination was administered in a fair and impartial manner within one year of
the date set for the local administration of such examination by the Examiner.
Any candidates wishing to transfer a score shall sign a request for such
transfer which shall further acknowledge that the candidates gives up the
_k the tet. fo which transferred
opportunity Co take that examination for the transferred .�e..a e. a.re , 411,31
requested. The Examiner shall apply the transferred score as if it were
achieved through administration of the same test by the Examiner.
Sec. 4. Prior to employment, a candidate shall pass a qualifying
physical ability/performance test, background and character investigation,
polygraph examination, psychological examination and a medical and physical
examination under the direction of the Chief of Police or designee. Prior to
and as a condition of taking such physical ability/performance test, the
examinee shall execute a waiver of liability covering the administration of
such test in favor of the City of Yakima, its agents and employees. Names of
candidates who do not pass one or more of the background, polygraph,
psychological or medical and physical examinations shall be removed from the
register of eligibles. Such candidates may appeal to the Civil Service
Commission by providing written notice of appeal to the Examiner within 10
calendar days of receipt of written notice of removal.
Sec. 5.
The provisions of RCW 41.04.010 Chapter 170 of the 1974
-�- regarding Employment
Preference of Veterans, are hereby made a part of these rules and by this
reference are incorporated herein. (Such chapter is codified ac RCW
4144.01 The term 'veteran' as used herein shall be in accordance with RCW
41.04.005.
promo -..ion from a lower classification to a higher classification: PROVIDED,
cxa:'.:5 .:On .
Sec. 6. Work Credit Points: For entry level Police Officer
positions, additional points may be added to a candidata'r passing
test score as follows:
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4/7/98
a. Two percent (2%) for each year of continuous
satisfactory service as a Reserve Officer on the Yakima
Police Department to a maximum of six percent (6%),,
provided the candidate has successfully completed a --
Washington State approved Reserve Academy, has passed
7
the Stat• administered final examination, and has
attained the level of Commissioned ilexes -at Officer on
the Yakima Police Department. Candidates Faust be
currently serving, in good standing, and must have
performed a minimum of 288 hours of service in each year
for which additional points are claimed. The Chief of
Police shall be the final authority 'for determining
satisfactory service.
Sec. 4 7. The Examiner is authorized to destroy the examination papers
of applicants who ars now deceased, have failed in the examination, or have
declined appointment, provided the papers have been on file for -at least -one
year. Employment registers, application forms and accompanying papers may be
destroyed as provided by Chapter 40.14 RCW.
Sec. 4 8. The Examiner is authorized to conduct examinations within
the established guidelines in concert with other municipalities for joint
testing upon agreement with the Police Chief. Once a candidate is hired by
another municipality, the name will be removed from the list. Candidates will
have the option of selecting the municipalities they are interested in working
for and will be considered for only those they select. A fee will be charged
per application to the municipalities receiving names.
RULE XI -I. CONDUCT OF—ENVAV-144VEL EXAMINATIONS
Sec. 1. Applicants must present themselves promptly at the hour and
place specified for the examination. No applicant shall be admitted to the
examination after the examination has commenced.
Sec. 2. Saki aApplicants shall first be presented with an envelope
containing the declaration paper, bearing an examination number, on which
declaration paper the applicants shall write their name, replace it in the
envelope, seal the envelope, and mark thereon the examination number.
Thereafter, the applicant shall mark each paper with the examination number
only. This envelope shall not be opened until the examination papers sha44
have been graded. "Provided, however, that the foregoing shall not be applied
in the event an examination, or any part thereof, must identify the examinee
by name for the purpose of scoring such examination or part thereof or for the
transfer of such score from another jurisdiction.'
Sec. 3. The subject and time allowed for the examination will in each
case be announced before the examination begins.
Sec. 4. The examiner shall require every competitor to surrender all
examination documents upon completion of the examination or the expiration of
the time limit.
Sec. 5. The Examiner shall make all necessary explanations to the whole
class and shall not explain any questions to any individual competitor.
After an examination begins, no communication will be permitted among between
competitors.
Sec. 6. Examinations may be regulated in the matter of -time by the
Chief Examiner, and insofar as practicable, shall be completed in one day.
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Sec. 7. The time allowed for examinations shall begin when all
announcements, instructions, and explanations have been given and the
declaration sheets are filled out.
E:c Q miring Any AwAminatien ne competitor shall leave the room
without permission of the Examiner. If a competitors abandons their
examination, the Examiner shall note that fact upon the answer sheet and the
examination shall not be scored.
Sec. S. Applicants shall supply themselves with ell -necessary
instruments as specified by the Q11.444 Examiner.
Sec. 10. All grading shall be accomplished by the Examiner or under
the Examiner's direction, and each examination paper shall be marked
with the resu] t i ng grade_ _
Sec. 11. Examination Results:
a. For entry-level Police Officer, the Examiner shall
notify competitors in writing of their final ccore and positions on the
register.
b. Competitors may, within 30 days after establishment of the
register, request consultation with the Examiner to review their own test
results.
Sec. 12. In case of ties:
a. If a tie occurs in a promotional exam, this applicant
having the higher score in the written portion of the exam shall
be counted as having the higher overall score. If both have
identical written scores, the applicant with the most seniority
shall be counted as having the higher overall score:
b. If a tie occurs in an entry-level examination and the
examination consists of more than one type of testing, the candidate scoring
highest on the written portion of the examination shall be counted as having
the highest overall score. If a tie still exists, the tie will be broken by
drawing Iota conducted in the presence of the Personnel Officer.
c. If a tie occurs in an entry-level examination with one
type of test, the tie will be broken .by drawing lots conducted in
the presence of the Personnel Officer.
()ken by—lot,
RULE XIII. MEDICAL AND PHYSICAL EXAMINATION
Sec. 1. Each applicant for any position under Civil Service, the duties
of which involve law enforcement activities, may be required to pass a careful
medical, physical and psychological examination before appointment thereto,
provided that this rsyuiroment ie a eted In the nron0tione1
examination announcement, and provided that ell applicants ars
examined in the same manner. The examining physician shall be guided by
the City of Seattle Minimum Medical Standards for Police Officers and
current standards established by the Washington Association of
Sheriffs and Police Chiefs, the International Association 01,
Chiefs of Police, the Americans with Disabilities Act, and other',__
applicable State or Federal Laws. Consultations with the City's
Employee Assistant Program are not considered psychological
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9
examinations,
PROVIDED, the applicant must
possess visual acuity of not less than 20/100 vision in each eye without
correction and corrected to 20/20 in the better eye and 20/30 in the lesser
eye.'
Sec. 2. When there is probable cause that an employee is
psychologically or medically unfit to perform his/her duties, the
commission or the Chief of Police may require the E'. -o) amployas to
undergo a s psychological ammaikma4oa or
medical examination in accordance with current standards
established by the City of Seattle Minimum Medical' Standards for
Police Officers, Washington Association of Sheriffs and Police
Chiefs, the International Association of Chiefs of Police, the
Americans with Disabilities Act, and other applicable State or
Federal Laws. Consultations with the City's Smployee Assistance
Program are not considered psychological examinations. -r ....:_,.a ._
Sueh eMaminat}ens eba-ll—be
conducted by a physician,—
psychologist or psychiatrist designated by the Police Chief or delegate and
the cost of such examinatlons shall be borne by the City.
Such examinations shall be
Sec. 3. The results of all medical, physical, and psychological
examinations required in sections 1 & 2 of this rule shall be certified to the
Police Chief and filed with the £ecretary/Chief Examiner.
ROLE XIIIN. EXAMINATIONS !OR PROMOTION
Sec. 1. When in the opinion of the Chief, it is beneficial to maintain
a current and valid register for promotions, the Chief shall advise the
Examiner of the need for examination to establish and maintain such a
register.
Sec. 2. When vacancies occur in any grade, they shall wherever
practicable, be filled by promotion from the next lower grade, as may be
determined by the Commission. Promotions shall be made upon merit shown by a
promotional examination consisting of any combination' of two or more of the
following: tests ac outlined below,
a. practical written examination
b. written test
c. performance test
d. oral test
e. assessment center
f. physical agility
g. performance evaluation
i,. evaluation of experience and training
The Examiner with the concurrence of the Chief, may assign relative
weights to each dimension and/or portion of the examination provided that
weights assigned are included on the promotional job announcement and
provided that no segment is weighted more than 50%.
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Soc. 3. In the event the Examiner determines massae. mea® number
of applicants responding to an examination announcement is
excessive in relation to the number of projected job openings, the
Examiner may limit admission to the remainder of the examination
to these scoring highest on a preliminary test or a combination of
tests listed in Sec. 2 of this Rule. The number of applicants
allowed to complete the examination shall be at least twice the
number of anticipated vacancies for the subsequent year or 20% of
those applicants with passing scores on' the preliminary .tait(s)
whichever is greater; but ae:or leas than eta (1) or the - entire
body of applicants who pass the preliminary test(a) vhlchevef is
less.•
e
Sec. 4. No person who fails to attain an average of at least 750• In
each seament of complotc proficiency OR an examination for promotion
exclusive of any such military credit, shall be deemed eligible for promotion.
See. 5. Applicants for promotion shall currently be employed with the
Yakima Police Department. Service in an 'acting' capacity, temporary or
provisional appointment shall not be credited towards promotional service
requirements.
sec. S. a. n` o s .. -_ �.a..: .
Applicants must be currently serving, and bane served for a
minimum of five and one-half consecutive years (including
probation), in the classification of Police Officer on the Yakima
Police Department. Applicants for promotion to any classification must not /
have had an unsatisfactory rating on any performance evaluation efficiency\
item during the previous two years, nor any disciplinary action
reflected during this period. The disciplinary action to be considered in
this section shall be limited to removal, suspension, demotion or discharge
only and shall not include any other management action including letters of
reprimand. Upon notification by the Examiner of applicants for a
promotion, the Chief of Police will certify to the Examiner
whether any unsatisfactory performance evaluations have taken
place.
b. Promotional Examination results shall be withheld from
all applicants for at least 72 hours (3 working days) following
completion of each phase of the examination process. During this
time, individual applicants who are dissatisfied with the conduct
of the examination may appeal in writing with just cause to the
Chief Examiner. Upon receipt of such an appaal, disclosure of all
examination results will be withheld until such time as the
Commission shall rule on such appeal. Numerical or standing scores
will be provided for all phases of the exam process unless an
appeal is filed. The final examination results shall include
overall numerical or standing scores and shall be withhold from
all applicants for at least 120 hours (5 working days) following
the completion of the final examination process. During this time,
individual applicants who are dissatisfied with the conduct of the
examination may appeal in writing with just cause to the Chief
Examiner. Upon receipt of such an appeal, disclosure of all
examination results will be withheld until such time as the
Commission shall rule on such appeal. 1pplicants est have a geed
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Dcpar-Oraelltrr
Sea. 1.
In thc appointment to the clacsifioation of i'oli-oe--6)44;
waived under Section 3 hereof.
Dcpart:rcnt. All other previsions of thece rulcc chall apply except under cuoh
thc ciaacification of Chief.
RULE XIV. APPOINTMENTS ON BASIS OF FRIT, =TC.
All appointments to, and promotions in the Civil Service shall be made
solely on merit, efficiency and fitness, which shall be ascertained by
competitive examination and impartial investigation as herein set forth, and
no person shall be reinstated or transferred, suspended or discharged from any
such place, position, or employment contrary to the provisions of RCW Title 41
and these Rules, respectively.
RULE XV. REGISTER OF ELIGIBLES, REINSTATEMENT REGISTER,
REQUISITIONS AND APPOINTMENTS, AND RE-EMPLOLYMENT REGISTER
accumulcti-en-, to the
cr.pioycd with the City of
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12
sec. 1. The name and total point accumulation of any all entry-level
or promotional applicants achieving a passing examination grade, as est
forth in those Rules, shah the eaiaminei in the be entered by
register for the classification for which they were examined in descending
order of total point accumulation. The person having the highest_ total
point accumulation in the classification for which he or she was. exaliined
shall be certified first and likewise in order of the descending total point
accumulation.
Sec. 2. Within one year after discharge or resignation under
circumstances which indicate unfitness for service no former employee shall be
eligible for examination or appointment to any former classification with
similar duties and responsibilities.
Sec. 3. No name shall remain on an eligible liot a register of
eligibles more than one year from the date of the establishment of the
register, unless the Commission shall otherwise order.
Sec. 4. A reinstatement register shall also be kept which shall contain
the name= of those laid off because of curtailment of expenditures, reduction
in force, and for like causes. Such register shall remain in effect
until all persons meeting the minimum class requirements on the
list are re -hired provided if reinstatement is offered and the
candidates declines, their names will b. removed from the
Roinetet•ment Register. Reinstatement shall be in the reverse order of
them lay offs,.
Soc. 5. pe -employment. A former employe• who is separated
from service under circumstances which do not indicate unfitness
for duty may be eligible for re-employment, subject to all of the
following provisions:
a. A vacant Police Officer positions must be available
within the department.
b. All existing reinstatement and proferred eligible
lists must be exhausted.
c. Employment must resume within 12 months from the
date of separation.
d. Re-employed persons will return to the
classification of Police Officer at a pay stop two
steps lower than that meld at the time of
separation, provided that re-employed sergeants
will return as Police Officers at pay step C.
e. Prior time -in -grade and time -in-service will apply
toward promotion eligibility, subject to all other
provisions of these rules.
f. Previous seniority will bo lost.
g. All re-employed personnel will serve in a
probationary status for 18 months.
h. The Chief of Police will approve.
Nothing in this section guarantees the re-employment of aril,
individual. The Chief of Police is the final approving authority --
for re-employment, and the Chief may, in his or her sole
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13
discretion, fill existing vacancies from the eligible register in
lieu of re-employing any individual.
Sec. 6. Upon requisition of an appointing authority for certification
of an eligible for the filling of a vacancy in any department, certification
shall be made in the following manner. The Examiner shall certify first the
name of that individual which appears highest on the reinstatement register
for the particular classification to be filled. Likewise, this process shall
be repeated until the reinstatement register for any classification is
exhausted. Thereafter the same process shall be repeated using the preferred
eligible list for the particular classification filled. No certification
shall be made from any promotional or eligible register until the
reinstatement register and the preferred eligible register for that
classification have been exhausted. In the event of exhaustion of the
reinstatement register and the preferred eligibli register for any
classification, and upon requisition, the Examiner shall certify to the
appointing authority the name or names, as the case may be, of tease t h e
person(s) standing highest on a register of eligibles. Certification from a
list of eligibles shall be as follows:
Subsection A. Certification for Original Appointments. The Examiner
shall certify to the appointing authority, the names and addresses of the
three (3) persons, if there shall be so many eligible, standing highest on the
register.
Subsection B. Special Certifications for Entry -Level Aopoint-
pants. In the event the composition of the work force within the department
in which a vacancy has occurred, has not achieved the minimum hiring goals
established in accordance with the City of Yakima Affirmative Action Plan, the
Chef Examiner shalt certify the names of three additional minority candidates
and three additional women candidates -- highest standing first. The same
name shall only be certified once for each appointment.
When two (2) or more vacancies are to be filled, the vacancies shall be
acted upon independently of each other and consecutively. Any certified
applicants r.ct selected shall maintain their placement on the eligible
register. The appointing authority may appoint any one of the persons so
certified.
The purpose of this subsection is to allow for the appointment of
r.:ncr:t:es and women from an eligible register to raise the number of
minorities and women to goals established in accordance with the City of
Yak:ma's Affirmative Action Plan. The authority of this section shall be used
to fill open competitive positions only and it shall not be used to fill more
than fifty percent of the vacancies within a calendar year for open
competitive positions covered by these rules.
Whenever an eligible applicant who bas been certified to the
appointing authority is passed over for appointment in favor of some
eligible applicant with lower standing on the eligible register, such person
who has been passed over shall be notified in writing of such action and the
reasons therefore, by the appointing authority with a copy to the Examiner.
Any eligible applicants that 4-s who are passed over shall maintain
placement on the eligible register unless removed for cause.
Subsection C. Certification fox Promotion. The Examiner shall certify
to the appointing authority the name of the eligible promotional applicant
standing highest on the register, who is physically and mentally able at the
time of certification, as determined by the Department Chief, to assume the
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4/7/98
duties of the classification. When two or more vacancies are to be filled.
the name of the person next highest on the register for each additional
vacancy may be certified. The Department Chief shall give written notice to
any promotional applicant who is to be passed over pursuant to this
suhcarhinn Suurh app1irant ■hail haus ten (10) days from receipt of such
-rte----'^ ------ -- - - - - - - -
notice to appeal such action in writing to the Commission, otherwise, such
right shall be waived.
In the event an eligible promotional applicant is passed over- because of
physical or mental inability to assume the duties of that classification; such
applicant shall remain on the register.
Sec. 74. provisional. re,Dorars• and Actin>Q Assignments. :_ ftea
the appointing authority determines that a mead exists to make a
provisional, temporary, or acting assignment to a higher
such aaaianmsnta will be governed by the following
provisions:
a. Temporary or provisional assignments of a duration
grantor than one month will be made from currently
eligible candidates in the order of their ranking
on the most recent promotional list. No temporary
or provisional assignment will continue for more
than four months, and no person will receive more:
than one such temporary assignment in any 12 month
period.
b. Acting assignments of a duration of one month or
less will be made from currently eligibles
candidates who are assion.d to the squad or work
Unit in which the vacancy' exists, Is Lb: order of
their ranking on the moat recent promotional liat<
No person will receive more than one such acting
assignment in any 12 _month period, unless there are
no other eligible candidates assigned to that squad
or work unit.
c. Employees who decline two consecutive temporary or
acting assignments, will have their names removed
from consideration for any future temporary or
acting assignment made from that list.
—may cctablich a provisional or
tc-.porary appointment list f -or such classif-i-ccs r-em—whi
chall r.ct co
Seo.
or clia_blc list, as the taco
highest standing, not
Sec. 8. When certification of an eligible is made for any permanent'`
classification, such eligible may decline such appointment, or prior to
certification, may waive the same for reason satisfactory to the Commission,
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i3
without losing placement on the register. Unless excused by the Commission,
the refusal of an appointment tendered shall be sufficient cause for dropping
the name of the eligible from the register.
RULE XVII -X. PROBATIONARY PERIOD, EMPLOYKKMT PROMOTION •
INSPECTION OF EXAMINATION RECORDS
Sec. 1. The probationary period for a new employee shall not be
considered complete until after the expiration of 12 montha•ene-yeas of
satisfactory service, following successful completion of. the exolud4fte
basic training academy, during which time such new employee shall be
terminated if found unfit or unsatisfactory for service for any reason.
Sec. 2. The probationary period for a promotion shall be considered
complete after twelve months' satisfactory service. If the appointing
authority deems the person promoted as unfit or unsatisfactory for service for
any reason, that individual shall be returned to the previous classification.
Sec. 3. In terminating the employment of any probationary employee, or
for failure of promotional appointment the appointing authority shall fully
and fairly consider the public interest; and shall, in writing, notify the
Examiner of such termination, and shall specifically set forth therein the
reasons for such action.
Sec. 4. In making an appointment from any name or list of names
certified, the appointing authority will be permitted to inspect the
application, certificates and the examination papers of the persons certified;
and may summon any certified person for such verbal inquiries as appropriate.
All such papers must remain with the Examiner at all times.
RULE XVII -X%x. PERFORMANCE EVALUATION
Sec. 1. Evaluation of employee performance shall be viewed as an
opportunity to review and ::scuss the employee's total work performance and
attitude. Such review sha_: be conducted in a positive atmosphere with the
objective of improving empl:yee effectiveness.
Sec. 2. Fair and impartial performance evaluations shall be maintained
for each Civil Service employee, by the Police Chief in a form approved by the
Civil Service Commission. One copy of such evaluation shall be retained in
the departmental employee's file and a personnel file copy shall be completed
on the c -.ch employees on their anniversary date of hire covering the
preceding year's performance.
Sec. 3. Such performance evaluations shall be subject to review or
modification by the Civil Service Commission as it may deem right and proper
in any particular case.
RULE XVIII -XX. DISCIPLINARY ACTIONS
Sec. 1. The tenure of everyone holding an office, place, or employment
under the provisions of RCW Title 41 and these Rules, respectively, shall be
only during good behavior and any such person may be removed or discharged,
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suspended without pay, demoted or reduced in pay, or deprived of vacation
privileges or other special privileges for any of the following reasons:
a. Incompetency, inefficiency or inattention to or dereliction of duty;
b. Dishonesty, intemperance, immoral conduct, insubordination,
cowardice, discourteous treatment of the public or a fellow
employee, or any other act of omission or commission tending to
injure the public service; or any other willful isrproper conduct on
the part of the employee; or any willful violation.of the provisions
of RCW Title 41 and these Rules, respectively =
c. Mental or physical unfitness for the classification which the
employee holds; or failure to maintain an efficiency rating above
the minimum requirements:
d. Any increase or decrease in weight which renders the employee unfit
for duty in the particular classification, rank or grade;
e. Promotion by any 44 -re or police employee of disaffection among the
members of either the department;
f. Excessive use of force or inhumane treatment of any person;
g.
Dishonest, disgraceful, immoral or prejudicial conduct;
h. Drunkenness or use of intoxicating liquors, narcotics, or any other,
habit forming drug, liquid or preparation, to such extent that the
use thereof interferes with the efficiency or mental or physical
fitness of wee employees, or which precludes the employee from
properly performing the functions and duties of lie t h • i r
classification;
i. Conviction of a felony or a misdemeanor involving moral turpitude;
j.
Any willful or inexcusable failure to pay any just debt or
obligation;
k. Engaging in such political activity or activities as are prohibited
by applicable state or federal laws or department policy;
Willful refusal or failure to comply with the order or direction of
a supervisor or superior officer issued to implement a statute,
crdinance, departmental reculation or in the line duty;
m. Any other act or failure to act, which in the judgment of the Civil
Service Commission, is sufficient to show the offender to be an
unsuitable or unfit person to be employed in the public service.
Sec. 2. The Police Chief is authorized to use as disciplinary
measures, deprivation of accumulated Court time, Holiday time, or Compensatory
time for such periods as deemed proper and appropriate under the
circumstances.
CSR -P 1 7
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Sec. 3. Any employee covered by theee those rules who is subject to
discharge, suspension, demotion, or deprivation of vacation or other
privilege, shall be provided with a pre -disciplinary hearing conducted by the
appointing authority prior to the administration of any disciplinary action
against the employee. At the time of the hearing, the appointing authority
shall give the employee a written notice of the disciplinary action
contemplated, an explanation of the evidence supporting the charges., and, also
provide the employee with an opportunity to present an explanation of the
disciplinary matter. The employee may be represented by an attorney or union
representative at the hearing.
.f
Sec. `. No permanently appointed person in the classified Civil:Service
shall be reprimanded, removed, suspended, demoted, discharged, reduced in pay,
or subject to any other disciplinary action of any kind, except for cause,
about which the person is advised followed within 48 hours from the time and
date so advised by a written statement of the cause in general terms which is
served on the person or sent to the person's last known address by U.S.
certified mail with first-class postage prepaid, return receipt requested and
a copy filed with the Commission. A copy of this rule shall accompany such
written notice. Any person so reprimanded, (except written and oral
reprimands), removed, suspended, demoted, discharged reduced in pay or
subject to any disciplinary action of any kind, (hereinafter called discipline
or disciplined) may file with the Commission a written request for a hearing,
within 14 30 days from the time of receipt of written notice of such
discipline. Whereupon the Commission shall conduct such hearing. Failure to
file such written request within the time specified shall be deemed a waiver
of any right of review.
If a written reprimand results in an unsatisfactory or lower overall
evaluation rating, the employee may then appeal the reprimand by filing in
writing within 14 30 days of receiving the evaluation.
The hearing shall be confined to the determination of the question of
whether such discipline was or was not made for political or religious
reasons, or was or was not made in good faith for cause. After such investi-
gation, the Commission may affirm the discipline or if it shall find that the
discipline was made for political or religious reasons or was not made in good
faith for cause, it shall order the immediate reinstatement or reemployment of
sch person in the office, pace, or employment from which such person was
d:sc'pl'ned; which reinstatement shall, if the Commission so provides in its
discretion, be retroactive and entitle such persons to pay or compensation
from the time of such discipline.
Written reprimands shall be removed from the employee's files upon their
request after two three years, if there has been no reoccurrence of the
conduct or performance which gave cause for the reprimand. - 1/16/91}
The Commission upon such investigation, in lieu of affirming the
discipline, may modify the order of discipline by directing other disciplines
which r..ay include a suspension without pay for a given period and subsequent
restoration to duty, demotion in classification, grade or pay, loss of
compensatory or holiday time or court time, or a letter of reprimand. The
findings of the Commission shall be certified in writing to the appointing
power, and shall be forthwith enforced by such officer. All such investi-
gations made by the Commission shall be by public hearing after reasonable
notice to the accused of the time and place of such hearing, at which hearing
CSR -P
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I8
the accused shall be afforded an opportunity of appearing and presenting his
defense in person and by counsel.
The accused or the appointing authority may appeal from any final
s by of Commission
tha Superior judgment or order concurred l37 O A�6jViiij� the �.w�suiBayvis to �.��v oujycsaivi
Court for Yakima County. Such appeal may be taken by serving the Commission,
within thirty days after the entry of such judgment or order,.a written notice
of appeal, stating the grounds thereof, and demanding that a certified
transcript of the record and of all papers on file in the office of the
Commission affecting or relating to such judgment or order, be filed by the
Commission with such court. The Commission shall, within ten days after the
filing of such notice, make, certify and file such transcript.with,such court.
Such court shall thereupon proceed to hear and determine such appeal in a
summary manner: Provided, however, That such hearing shall be confined to the
�— of discipline determination of whether the judgment or order vasyi�at,sse w5ssys was not
made in good faith for cause, and no appeal to such court shall be taken
except upon such ground or grounds.
Sec. 5. A disciplinary reduction to a lower classification
will result in the person's reverting to the seniority formerly
held in that classification.
RULE XIX -XX • LEAVES OF ABSENCE
Leave of absence not exceeding 30 days without pay, may be granted by the
appointing authority to any person under Civil Service; provided, that such'
appointing authority shall give notice of such leave to the Commission. All
temporary employment caused by leaves of absence shall be made from the
eligible list of the classified Civil Service. Longer leaves of absence, or
extensions to leaves of absence, may be granted by the Commission upon written
requPst of the employee, endorsed by the appointing authority giving the
reasons for granting such leave. A leave of absence for more than three
months when granted by the Commission shall not entitle the employee when
returning to duty to resume the former classification, but the employee shall
be entitled only to standing on the preferred eligible list for that
classification and any classification formerly held by such employee under
this Civil Service.
Upon the granting of a leave of absence, the Examiner shall place the
name of such employee on a preferred eligible list, the order of which shall
be deterr.ned by the date set by the appointing authority or the Commission
for return to work - earliest date first. In the event of identical dates of
return to work, seniority as between such employees shall govern - that
employee with the greatest seniority receiving the highest placement on the
register. Such employee may return to employment at an earlier date than that
set by the Commission or the appointing authority, provided, that in that
event, the earlier date shall govern the placement of such employee on the
preferred eligible list.
Ir. the event such employee fails to return to work on the date set by the
appointing authority or the Commission, then such employee shall have no
further right to any classification formerly held under this Commission.
If a returning employee accepts a lower level classification than the kr_
original classification vacated, such employee shall remain on the preferred
eligible list for the other positions formerly held by such employee until
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such employee is placed in the classification originally vacated at the time
of the leave of absence.
These limitations shall not apply to absence on account of disability
caused by sickness, or injury, or to leave of absence during which the
employee performs temporary service in another department of the City. Where
a member of the Police Department is granted a leave of absence in excess of
three months, the employee shall be required to pass a satisfactory physical
examination before resuming employment.
RULE X=4. LAYOFFS, OTHER VOLUNTARY REDUCTIONS IN RAMC AND
IMILITARY LEAVES
Sec. 1. Layoffs. whenever it becomes necessary in any department
through lack of finances, or other cause, to reduce the force, the order of
layoff shall be accomplished in the following order:
a. Persons who are serving in a temporary capacity within a
classification sought to be reduced shall be first laid off in order
of seniority, least senior first;
b. Those still serving their probationary period within a
classification sought to be reduced in order of seniority, least
senior first;
c. Those whose appointments are complete within a classification sought
to be reduced in order of seniority, least senior first.
Seniority for the purpose of this rule shall mean accumulated time in
employment within a particular classification within a department excluding
leaves cf absences in excess of 90 days and time off due to suspensions
without pay. In the event of identical accumulated time within the affected
classification, the order of hire or promotion, shall determine seniority.
_n the event any permanently appointed person employed in a
classification above entry level is laid off, that person shall have the right
to vclantarily reduce in rank to the next lower classification previously held
within the department regardless of whether a vacancy exists within that
classification. Any person, other than persons serving temporary appointments
in hither classifications, choosing voluntary reduction in rank under this
section shall be regarded as the most senior person in that classification to
which they are reduced for the purpose of any further layoffs. Temporary
appointees electing voluntary reduction in rank shall assume the seniority in
the previously held classification. The least senior permanently appointed
person within any classification shall be laid off in the event all the
positions within the classification are filled and a voluntary reduction in
rank from a higher classification occurs. Likewise, if a persons 3s are laid
off as a result of a voluntary reduction in rank they may voluntarily reduce
in rank to the next lower classification previously held.
All persons except temporary appointees who choose to voluntarily reduce
in rank under the terms of this section shall be placed on a reinstatement
register for each classification from which they were reduced.
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Sec. 2. Other yoluntery RPAtuetions in Rank. Any person in the
Sec.
classified Civil Service may request to be reduced in rank by filing with they „
Civil Service Commission a request in writing stating the reasons for such
reduction and the lower grade or rank into which they are to be placed. Such
employee must have previously held the requested classification.
Such reduction in rank may be sanctioned by the Civil Service Commission
without examination, and the persons so reduced shall be entitled to all the
rights and privileges under civil service which are enjoyed by other persons
in the same rank and grade to which they have been reduced. Agy Noreen who
accepts a 'voluntary reduction under this section shall revert to
seniority bold in that classification.
Sec. 3. Veteran ReemnlQyment Rights. Any Civil Service employee who
volunteers or who is otherwise inducted into the military service of the
United States shall, upon termination of such service, be entitled to such
rights accorded by RCW 73.16, as amended.
RULE XXI4=. REPORTS TO SE MADE
In order that the Commission may keep proper record of changes in the
classified service, the appointing authority shall immediately report in
writ.. ; to the Commission:
a. Every probational or temporary appointment made.
b. Every refusal or neglect to accept an appointment by a person whc
t �
has been duly certified.
c. Every suspension or other disciplinary action resulting to a
loss of pay made of any officer or employee with the reasons
therefor.
d. Every separation from service, and whether the separation was caused
by death, dismissal, resignation, or retirement.
e. Every position created or abolished.
RULE XXII XXIV. OUTSIDE EMPLOYMENT
If any member of the Police Department shall engage in any business or
activity extraneous to that person's duties under Civil Service which, in the
discretion of the appointing authority, shall tend to divert attention from
the'r duties or render the employee inefficient or unfit for duty, the
appa:nting authority may provide written notification to desist from such
business or activity, and if they shall refuse to comply with such notice,
shall have the power to suspend or discharge such employee from the service.
RULE XXIIIV. SEVERABILITY
:f any provision of these rules or the application thereof to any person
or circumstance be held invalid, the invalidity shall not affect other
provisions and applications of these rules which can be given effect withi
the invalid provision or application and to this end these rules ar"
severable.
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21
CRAIG W. HANSON
Aftomey At Law
2120 Caton Way SW
Suite C
Olympia, WA
98502-1106
HANSON
LAV
OFFICES
Mr. Paul McMurray
Assistant City Attorney
City of Yakima -Legal Department
200 South Third
Yakima, WA 98901-2830
Re: Engagement of Services
Dear Mr. McMurray:
FEB 0 5 1999
Ihor. , 1 arct'f.
February 2, 1999
You have contacted the HANSON LAW OFFICES regarding the City of Yakima's Civil
Service Commission(s) need for legal counsel. I would be pleased to provide requested
counsel to the city's civil service commissions.
60) 867-9390
On matters such as this, I bill my fees on an hourly basis for services performed. My
Facsimile: services in this matter will be billed at a reduced municipal rate of $145 per hour.
(360) 867-9499 However, as an initial assignment., I would agree to prepare and issue my legal opinion
email: regarding the legality of the Police Civil Service Rules and Regulations as currently
hansonlawOuswest.net proposed by the Yakima Police Patrolmans Association and the Police Department, for a
flat fee of eight hundred and fifty dollars ($850).
Expenses necessarily incurred in connection with my representation are also billed to the
client. Expenses include, but are not limited to, copying, court filing fees, fees for
service of process, court reporter fees and travel expenses.
Although I will be in charge of legal matters assigned to me, it may be necessary to
utilize the services of other attorneys and/or paralegals from time to time. The civil
service commission involved in any such matter will be consulted if such use is believed
necessary.
2,t,h�f�
Once again, I am most pleased that you have considered the HANSON LAW OFFICES
and I look forward to working with the City of Yakima,
If the above-described billing rates and procedures are agreeable to you, I would
appreciate it if you would provide me with a legal services contract as deemed
appropriate by the City of Yakima.
Very truly yours
Craig W. Hanson
2
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
C�
For Meeting of February 16, 1999
ITEM TITLE: Resolution authorizing the City Manager to execute a Legal Services Contract with
Craig W. Hanson, d/b/a Hanson Law Offices
SUBMITTED BY: Tim Carlson, Charter Civil Service Commission Chairman
Jesse Cox, Charter Civil Service Commissioner
Beverly Warren, Charter Civil Service Commissioner
William Wright, Police & Fire Civil Service Commission Chairman
CONTACT PERSON/TELEPHONE: Carol Bates/576-6619
SUMMARY EXPLANATION: A new set of Police Civil Service Rules and Regulations ("Proposed Rules")
was submitted by the Yakima Police Patrolmans Association ("YPPA") and the Police Department for
approval by the Police Civil Service Commission at its June 1, 1998 meeting. The Commission. directed Paul
McMurray, Assistant City Attorney, to review and advise the Commission concerning the legality of the
Proposed Rules. The YPPA objected to Mr. McMurray reviewing the Proposed Rules on the grounds that
he had either an actual or potential conflict of interest because he had previously represented and advised -
the Police Department on various matters involving the Police -Civil Service Commission. The Commission
requested that City Council authorize a contract with the law firm of Lane Powell Spears Lubersky LLP in
order to obtain outside legal advice. The City,, Council authorized the contract by " resolution on
November 17, 1998.
The contract was forwarded for execution to Craig Hanson, a partner with the law firm. After execution of
the contract, he was directed to proceed with legal review of the Proposed Rules. However, in early
January, the Commission was notified that Mr. Hanson had left the law firm to start his own practice.
(Continued on attached page 2)
Resolution X Ordinance Contract X Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
1•
City Manager
STAFF RECOMMENDATION:
BOARD/COMMISSION RECOMMENDATION: Adopt resolution authorizing execution of legal services
contract with Craig W. Hanson, d/b/a Hanson Law Offices.
COUNCIL ACTION:
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(Continuation of Summary Explanation) Due to his familiarity with the law regarding civil service, the
Commission is requesting that City Council authorize execution of a new contract with Mr. Hanson in order
to obtain legal advice regarding the Proposed Rules. The attached resolution and contract would allow the
Commission to obtain Ari advisory legal opinion from Mr. Hanson and provide for future legal services, if
needed, within the limitations of budget authority as established by the City Council.
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